Los Angeles daily herald., 1887-07-22

A. Il. Summer was next called. He
testified that on Monday Deputy
Constable West deputized him to take
charge Of Bodkin while he went to some
place. Did not mant TO get mixed
up in the case, and would not allow
Bodkin to talk with me concerning
the shooting. He said that Elam had
gone to his house .'to settle up a few
things" l would not listen any
further. l visited Elan shortly after
he was shot, He was lying on the
bed with the wound exposed. | then
ran after deputy sheriff. Witness
did not recollect that Bodkin told him
that he intended to leave Orange and
go to Pomona for the purpose of get
ting away from Elan. After con-
siderable interrogating, witness ad-
mitted that Bodkin told him that his
wife had had some trouble.
d. N. Conaway was then called.
Live eight miles from Orange. Knew
Elami during his lifetime. Saw him
about the time he was shot. asked
him if he felt that he was prepared to
die? He answered that he knew his
last moments had come. | knelt by
his side and said prayer. At his re-
quest I then went after minister. /
asked him chow it occurred?" The
minister was then temporarily with
drawn.
Rev. Mr.. Parker was then called.
Attended Elan ON the day he was
shot. l also saw him next day in the
presence of Miller, his uncle,
add Mrs. Howard, his aunt,
l asked him whether he offered any
violence toward Mr.. Bodkin. The
witness was not allowed to answer.
l did not say anything to Mr.. Elam
about his expecting to die. The wit
ness was then withdrawn.
Sarah G. Howard was next called,
l have lived in Orange for ten years.
Mr.. Elam was my nephew. Saw him
on the day he was shot. He stated
that he knew he was dying don't
remember who was present. His
mind was perfectly clear. Later in
the day he stated that he did not ex-
pect to live. Next day he said that
the wound was fatal. During the first
day he spoke to me about his proper
ty. l asked him what ! could do for
him. He replied that l could not as
sist him, but to help his sisters after
he was gone. The witness was here
withdrawn.
J. w. Miller, uncle of the deceased,
was next examined. Reside in Area
dia, and am a farmer. Saw Elan on
the night of the day he was shot. l
remained with him until he was
buried. He told me that he knew he
was going to die. l asked
him chow this thing happened"
after going on to state 81 felt from the
first that the wound was fatal. Be-
sides the doctor has told me that l
can't recover" Frequently during
the night he said that he was not GO
ing to get well. Mrs. Howard and l
asked him asked him about his busi-
ness affairs. We asked him what he
wanted done about his property. He
said that he had given the place to his
sisters and that he wanted part of it
disposed of to pay his debts. Elam
died on Tuesday.
M. G. Miller next testified. Knew
Mr.. Elan. He was my cousin. The
witnesses testimony did not differ ma
terially from that of the preceding
witnesses. The Court stated that the
mode of procedure adopted by the
prosecution, whereby the foundation
for dying declaration was laid and
the witness withdrawn for future use
is rather peculiar.
He then stated that on account of
the intense heat he would continue
the case until 10 O'Clock this morning
with parting admonition to the jury
not to converse with anyone concern
ing the case.